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(영문) 서울중앙지방법원 2013.02.13 2010가합132522
부당이득금
Text

1. The plaintiffs and the plaintiff's successor's claims are all dismissed.

2. The costs of the lawsuit are assessed against the plaintiffs and plaintiffs.

Reasons

1. Basic facts

A. On December 3, 2004, the Minister of Construction and Transportation designated and publicly announced as the planned area of the instant housing site development project the amount of 5,104,000 square meters in Namyang-si, Namyang-si, the Ministry of Construction and Transportation publicly announced K of the Ministry of Construction and Transportation as the implementor of the instant housing site development project. Around that time, the Korea Land Corporation (the Korea Land Corporation was newly established and merged with the Korea Housing Corporation on October 1, 2009, and the Defendant collectively before and after the merger) designated the Korea Land Corporation as the Defendant as the implementor of the instant housing site development project.

After that, on December 20, 2005, the defendant obtained approval of a development plan for the housing site development project of this case, and obtained approval of a development plan and approval of a development plan to alter the total project area into 5,091,574 square meters on December 7, 2006, and obtained approval of a development plan and approval of a implementation plan on May 18, 2007 and August 11, 2009.

B. The Defendant, like the Plaintiffs, agreed to specially supply a detached house site to be created in the housing site development project district of this case to those who lose their base of living due to the expropriation of the owned house, land, etc. (hereinafter “persons subject to relocation measures”), as part of the relocation measures.

C. The Defendant set the sale price of the housing site to be specially supplied to the person subject to the relocation measures and the sale price of the housing site to be supplied to ordinary consumers differently as follows:

1) According to Article 13-2(7) of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 20722, Feb. 29, 2008) and Article 18(1) of the Guidelines on the Management of Housing Site Development (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 376, Aug. 21, 2009) of the Guidelines for the Management of Housing Site Development (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 376, Aug. 21, 2009), a site for the construction of a detached house in the Seoul metropolitan area as in the instant case

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